Central Information Commission
Jatinder Singh vs National Institute Of Open Schooling on 25 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeals/Complaints No. (As per annexure)
Jatinder Singh ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO:
National Institute of Open Schooling, ...प्रनतवािीगण/Respondents
Chandigarh
Relevant dates emerging from the appeals/complaints:
Sl. Second Date of Date of Date of Date of Date of
No. Appeal/ RTI CPIO's First FAA's Second
Complaint Application Reply Appeal/ Order Appeal
No. Complaint
1. 647925 29.07.2021 13.09.2021 16.09.2021 22.10.2021 09.10.2023
2. 632002 04.05.2023 02.06.2023 16.06.2023 27.06.2023 01.07.2023
&
21.06.2024
3. 629253 11.04.2023 11.05.2023 11.05.2023 09.06.2023 14.06.2023
4. 620791 29.01.2023 27.02.2023 01.03.2023 19.04.2023 25.04.2023
5. 620738 29.01.2023 27.02.2023 01.03.2023 06.04.2023 25.04.2023
6. 621192 17.02.2023 13.03.2023 17.03.2023 19.04.2023 27.04.2023
7. 620898 30.01.2023 27.02.2023 02.03.2023 19.04.2023 26.04.2023
8. 619388 22.01.2023 06.02.2023 07.02.2023 07.03.2023 17.04.2023
9. 616953 12.01.2023 10.02.2023 17.02.2023 07.03.2023 02.04.2023
10. 616931 10.01.2023 06.02.2023 18.02.2023 27.03.2023 02.04.2023
Note - The above-mentioned Appeals/complaint have been clubbed together for
decision as these are based on similar RTI Applications.
Date of Hearing: 24.06.2024
Date of Decision: 25.06.2024
Page 1 of 29
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Second Appeal No. CIC/NIOPS/C/2023/647925
1. The Complainant filed an RTI application dated 29.07.2021 seeking information on the following points:
I have sent applications by email on dated 12/07/2021 to your office authorities, the Chairperson, Secretary and Director (SSS) for the following details of emails:
(i) [email protected], on dated 12/07/2021.
Subject: Time allotted for each individual practical subject in the PCP compulsory five practicals (Formative Assessment) time table.
(ii) [email protected], on dated 12/07/2021.
Subject: Time allotted for each individual practical subject in the PCP compulsory five practicals (Formative Assessment) time table.
(iii) [email protected], and [email protected], on dated 12/07/2021, Subject: Regarding PCP compulsory five practicals.
The sender e-mail address: [email protected] Please provide the complete set of copies of the instructions issued/reply given after the action taken on above mentioned issues of e-mails/letters. 1.1. The CPIO replied vide letter dated 13.09.2021 and the same is reproduced as under:-
i. Schedule of five compulsory formative PCP received from AI 160113 which was already provided to you, subject-wise time allotted to each subject details is not available at Regional Centre, Chandigarh.
ii. No instructions received to RC in this regard.Page 2 of 29
1.2. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 16.09.2021 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 22.10.2021 upheld the reply given by the CPIO.
1.3. Aggrieved with the FAA's order, the Complainant approached the Commission with the instant Complaint dated 09.10.2023.
Second Appeal No. CIC/NIOPS/A/2023/632002
2. The Appellant filed an RTI application dated 04.05.2023 seeking information on the following points:
With reference as per the decision dated 12.4.2023 of Honorable Commission in Appeal No. CIC/NIOPS/A/2022/606314 & letter No. F287/2023/NIOS/RCCHD/RTI/CIC/87, dated 8.4.2023 of Regional Director, NIOS, Chandigarh. (Copies attached) Provide the certified copies of following information u/s 6(1) of RTI Act 2005:
(i) Provide the information, how many total No. of RTI applications (Online/Offline) have been submitted by Jatinder Singh (myself) to the CPIOs, NIOS, upto dated 8.4.2023 along with the description i.e. details of RTI No., date of RTI applications received & date of replies given by CPIO, NIOS.
(ii) Provide the information about the total No. of RTI applications related to third party information with reference to RTI (Online/Offline) applications submitted by myself upto date 8.4.2023.
(iii) Provide the information, how many total No. of RTI, amongst RTI applications submitted by me, were sent to get consent from third party by the CPIOs, NIOS, upto dated 8.4.2023 along with the description i.e. details of RTI No., date of received RTI & date of letter/consent from third party by CPIO, NIOS.
(iv) As per above mentioned decision dated 12.4.2023 & letter dated 8.4.2023, how many letters have been written to get consent from third party by the CPIOs, Page 3 of 29 NIOS, upto dated 8.4.2023. Provide the letter(s) No. & issued date of these letters.
(v) Upto dated 8.4.2023, about how many RTI applications related to the third-party information, have got consent (in Yes) of third party by the CPIOs, NIOS. The description like details of RTI No., date of reply received i.e. letter/consent by third party to the CPIO, NIOS, be provided.
..., etc./ other related information 2.1. The CPIO replied vide letter dated 02.06.2023 and the same is reproduced as under:-
(i) Number of RTIs-81, Attested copy of list is attached.
(ii) Nil
(iii) Nil
(iv) Nil
(v) Nil etc.
2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.06.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 27.06.2023 upheld the reply given by the CPIO.
2.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 01.07.2023.
Second Appeal No. CIC/NIOPS/A/2023/629253
3. The Appellant filed an RTI application dated 11.04.2023 seeking information on the following points:
(i) According to the Hon'ble CIC, New Delhi Complaint No. CIC/NIOPS/C/2021/622548 adjunct Decision dated 20/02/2023 (copy attached), Please provide the information, how many total number of RTI applications (Online/Offline) have been submitted by Jatinder Singh (myself) to the CPIOs, Page 4 of 29 NIOS, authority upto dated 21/10/2022 along with the description, like/in details of RTI No., date of RTI applications received & date of replies given by CPIO, NIOS, RC-Chandigarh authority, be provided.
(ii) According to the Hon'ble CIC, New Delhi Complaint No. CIC/NIOPS/C/2021/622548 adjunct Decision dated 20/02/2023, Please provide the information, how many total number of RTI (Online/Offline) were related to third party information with reference to my RTI (Online/Offline) upto dated 21/10/2022.
(iii) According to the Hon'ble CIC, New Delhi Complaint No. CIC/NIOPS/C/2021/622548 adjunct Decision dated 20/02/2023, Please provide the information, how many total number of RTI (Online/Offline) amongst RTI applications submitted by me, were sent to get consent from third party by the CPIOs, NIOS, authority upto dated 21/10/2022 along with the description like/in details of RTI No., date of received RTI & date of letter/consent from third party by CPIO, NIOS, RC-Chandigarh authority, be provided.
(iv) According to the Hon'ble CIC, New Delhi Complaint No. CIC/NIOPS/C/2021/622548 adjunct Decision dated 20/02/2023, how many letters have been written to get consent from third party by the CPIOs, NIOS, authority upto dated 21/10/2022. Please provide the letters No. and date of these letters.
(v) Upto dated 21/10/2022, about how many RTI applications have got consent (in Yes) of third party by the CPIOs, NIOS, authority. The description like/in details of RTI No., date of reply received i.e. letter/consent by third party to the CPIO, NIOS, RC-Chandigarh authority, be provided. ..., etc./ other related information 3.1. The CPIO replied vide letter dated 11.05.2023 and the same is reproduced as under:-Page 5 of 29
(i) Number of RTIs-76, Attested copy of list is attached.
(ii) Nil
(iii) Nil
(iv) Nil
(v) Nil etc.
3.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.05.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 09.06.2023 upheld the reply given by the CPIO.
3.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 14.06.2023.
Second Appeal No. CIC/NIOPS/A/2023/620791
4. The Appellant filed an RTI application dated 29.01.2023 seeking information on the following points:
As per the Time Table for Practical Of Formative Assessment AI 160113 issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code- 160113), Jail Road, Babowal, Gurdaspur (copy attached) was conducted 5-days session of Class 12th Stream Medical.
(i) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-312 Physics & how many students were included in each group of subject code-312 Physics, as per the Time Table for Practical of Formative Assessment issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code-160113).
(ii) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-312 Physics & which roll/enrolled numbers of students/learners were included in each batch ID of subject code-
312 Physics, as per the Time Table for Practical Of Formative Assessment issued Page 6 of 29 by the Principal/Coordinator, Himalaya Modern Sr Sec School(AI code- 160113).
(iii) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-313 Chemistry & how many students were included in each group of subject code-313 Chemistry, as per the Time Table for Practical of Formative Assessment issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code- 160113).
(iv) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-313 Chemistry & which roll/enrolled numbers of students/learners were included in each batch ID of subject code- 313 Chemistry, as per the Time Table for Practical of Formative Assessment issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code- 160113).
(v) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-314 Biology & how many students were included in each group of subject code-314 Biology, as per the Time Table for Practical of Formative Assessment issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code-160113).
(vi) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-314 Biology & which roll/enrolled number of students/learners were included in each batch ID of subject code-314 Biology, as per the Time Table for Practical of Formative Assessment AI issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code- 160113).
(vii) Please provide the information, on which date issuing of the Time Table for Practical of Formative Assessment AI 160113 issued by the Page 7 of 29 Principal/Coordinator, Himalaya Modern Sr Sec School (AI code-160113), Gurdaspur.
4.1. The CPIO replied vide letter dated 27.02.2023 and the same is reproduced as under
:-
With reference to your RTI application, since the requisite information was not available at Regional Centre, Chandigarh, therefore, a letter was sent to Study Centre Code: 160113- Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab for seeking the relevant information on your RTI. Reply received through email is attached herewith for your kind information. Attested copies of RC letter no. F- 287/2022/RCCHD/RTI-1642 (00105)/11217 dated 14.02.2023 and letter no. HMSS/23/992 dated 21.02.2023 received through post from study centre enclosed.
4.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 19.04.2023 upheld the reply given by the CPIO.
4.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 25.04.2023.
Second Appeal No. CIC/NIOPS/A/2023/620738
5. The Appellant filed an RTI application dated 29.01.2023 seeking information on the following points:
As per the Schedule for Formative Assessment Examination issued on dated 11.02.2020, (copy attached) the Coordinator of study centre/AI code-160113 Himalaya Modern Senior Secondary School, Village- Babowal, Gurdaspur was conducted 5-days session Personal Contact Program (Formative Assessment) of Class Senior Secondary academic year 2019-20 Stream-1 Block-1.Page 8 of 29
(i) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-312 Physics & how many students were included in each group of subject code-312 Physics, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
(ii) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-312 Physics & which roll/enrolled numbers of students/learners were included in each batch ID of subject code- 312 Physics, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
(iii) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-313 Chemistry & how many students were included in each group of subject code-313 Chemistry, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
(iv) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-313 Chemistry & which roll/enrolled numbers of students/learners were included in each batch ID of subject code- 313 Chemistry, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
(v) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-314 Biology & how many students were included in each group of subject code-313 Chemistry, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
(vi) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-313 Chemistry & which roll/enrolled Page 9 of 29 number of students/learners were included in each batch ID of subject code-314 Biology, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
5.1. The CPIO replied vide letter dated 27.02.2023 and the same is reproduced as under
:-
With reference to your RTI application, since the requisite information was not available at Regional Centre, Chandigarh, therefore, a letter was sent to Study Centre Code: 160113- Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab for seeking the relevant information on your RTI. Reply received through email is attached herewith for your kind information. Attested copies of RC letter no. F- 287/2022/RCCHD/RTI-1641 (00104)/11216 dated 14.02.2023 and letter no. HMSS/23/992 dated 21.02.2023 received through post from study centre enclosed.
5.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 06.04.2023 upheld the reply given by the CPIO.
5.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 25.04.2023.
Second Appeal No. CIC/NIOPS/A/2023/621192
6. The Appellant filed an RTI application dated 17.02.2023 seeking information on the following points:
(i) Provide the certified copy, list of students which are mentioning the enrollment/Roll No. of all learners of Study center code 160113-Himalaya Modern Sr. Sec. School, Vill. Babowal, District Gurdaspur, session April, 2019- Page 10 of 29
20 Public Examination, Stream-1 Block-1, Senior Secondary Class, who submitted Tutor Marked Assignment (TMA) for evaluate/Examine.
(ii) Provide the certified copy of list, as per the subject codes and subject wise list of all learners/students enrollment/Roll No. of Study center code 160113-Himalaya Modern Sr. Sec. School, Village Babowal, District Gurdaspur, session April, 2019-20 Public Examination, Stream-1 Block-1, Senior Secondary Class, who submitted Tutor Marked Assignment (TMA) for evaluate/Examine.
(iii) Provide the certified copy, list of students which are mentioning the enrollment/Roll No. of all learners/students of Study center code 160113- Himalaya Modern Sr. Sec. School, Village Babowal, District Gurdaspur, session April, 2019-20 Public Examination, Stream-1 Block-1, Secondary Class, who submitted Tutor Marked Assignment (TMA) for evaluate/Examine.
(iv) Provide the certified copy of list, which are mentioning the subject and their codes of all learners/students enrollment/Roll No. of Study center code 160113- Himalaya Modern Sr. Sec. School, Village Babowal, District Gurdaspur, session April, 2019-20 Public Examination, Stream-1 Block-1, Secondary Class, who submitted Tutor Marked Assignment (TMA) for evaluate/Examine.
(v) Provide the certified copy of consolidated/utilization bill proforma, received from Study Centre code 160113 Himalaya Modern Sen. Sec. School, Village- Babowal, Distt. Gurdaspur which are recorded vide diary No. 5579 on dated 23.12.2022 of the office NIOS-RC, Chandigarh under PCP head for the academic year 2019-20 (Stream-1 Block-1).
(vi) Provide the information about the total amount demanded/requested by the Coordinator, Himalaya Modern Sen. Sec. School (AI code 160113), Village- Babowal, Distt. Gurdaspur through consolidated/utilization bill Performa from NIOS, Chandigarh during the academic year 2019-20 Public Examination (Stream 1 Block 1) session March-April, 2020 under PCP head.
Page 11 of 296.1. The CPIO replied vide letter dated 13.03.2023 and the same is reproduced as under:-
i. Since, the requisite information was not available at Regional Centre, Chandigarh, therefore, a letter was sent to Study Centre Code: 160113- Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab for seeking the relevant information on your RTI. Reply received through email is attached herewith for your kind information. Attested copies of RC letter no. F-287/2022/RCCHD/RTI-1645 (00202)/11808 dated 10.03.2023 and letter no. HMSS/23/1003 dated 13.03.2023 received through post from study centre enclosed.
ii. As per the information received from Study Centre Code: 160113-Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab subject-wise number of TMAs received are as follows:
English (302) - 119, Data Entry Operations (336)-51, Punjabi (310) -109, Maths (311)-75, Hindi (301)-12, Home Science (321)-11, Painting (332)-25, History (315)-11, Physics (312)-97, Chemistry (313)-97, Biology (314)-42, EVS (333)-3, Economics (318)-10, Sociology (331)-28, History (315)-15, English (202)-109, Data Entry Operations (229)-126, Punjabi (210)-119, Maths (211)-130, Science & Tech (212)-127, Hindi (201)-17, Home Science (216)-12, Social Science (213)-21, Painting (225)-26.
iii. Since, the requisite information was not available at Regional Centre, Chandigarh, therefore, a letter was sent to Study Centre Code: 160113- Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab for seeking the relevant information on your RTI. Reply received through email is attached herewith for your kind information. Attested copies of RC letter no. F-287/2022/RCCHD/RTI-1645 (00202)/11808 dated 10.03.2023 and letter no. HMSS/23/1003 dated 13.03.2023 received through post from study centre enclosed. iv. Since, the requisite information was not available at Regional Centre, Chandigarh, therefore, a letter was sent to Study Centre Code: 160113- Page 12 of 29 Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab for seeking the relevant information on your RTI. Reply received through email is attached herewith for your kind information. Attested copies of RC letter no. F-287/2022/RCCHD/RTI-1645 (00202)/11808 dated 10.03.2023 and letter no. HMSS/23/1003 dated 13.03.2023 received through post from study centre enclosed. v. Certified copy of consolidated bill proforma received from AI Code- 160113- recorded vide diary no.5579 on 23.12.2022 is attached (by invoking the provision of Severability Clause under Section 10 of RTI Act). Hard copy of this bill will be send through post. It is also informed that subsequent rectified copy received on 10.02.2023 recorded vide diary no 6415, certified copy of which has already been provided to you vide this office letter no. F287/2022/RCCHD/RTI-1634/11214 on 10.02.2023.
vi. As per the consolidated bill proforma received on 10.02.2023 from AI Code-
160113, total amount claimed by the coordinator was Rs. 45930.58/-
6.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 19.04.2023 upheld the reply given by the CPIO.
6.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 27.04.2023.
Second Appeal No. CIC/NIOPS/A/2023/620898
7. The Appellant filed an RTI application dated 30.01.2023 seeking information on the following points:
(i) With reference to letter No. F-287/2020/NIOS/RC/CHD/RTI-1364/32781 dated 16th December 2020, the Regional Director (I/C), Regional Center (NIOS), Chandigarh, demanded PCP Schedule of Practical PCP classes conducted at study centers (AI) 160113 for Formative Assessment from 25.02.2020 to 05.03.2020. (Annexure-1) Please provide the certified copy of PCP Schedule of Page 13 of 29 practical classes conducted for Formative Assessment schedule from 25.02.2020 to 05.03.2020 at study centers/AI code 160113-Himalaya Modern Senior Secondary School, Jail Road, Village Babowal, Gurdaspur for Practical Examination of March2020, according to the letter No. F-
287/2020/NIOS/RC/CHD/RTI-1364/32781 dated 16th December, 2020.
(ii) With reference to the TIME TABLE FOR PRACTICAL OF FORMATIVE ASSESSMENT AI 160113 issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code-160113), Jail Road, Babowal, Gurdaspur (Annexure-2) was conducted 5-days session of Class 12TH Stream Medical. Please provide the information that how many students/learners appeared in the final practicals of 312-Physics, 313-Chemistry & 314-Biology subjects, were conducted on these dates 23.02.2020 (Physics), 24.02.2020 (Chemistry) and 25.02.2020 (Biology), according to the Time Table for Practical of Formative Assessment AI 160113 issued by the Principal/Coordinator, Himalaya Modern Sr Sec School (AI code-160113), Jail Road, Babowal, Gurdaspur.
(iii) With reference to the Schedule for Formative Assessment Examination issued on dated 11.02.2020, (Annexure-3) the Coordinator of study centre/AI code-160113 Himalaya Modern Senior Secondary School, Village-Babowal, Gurdaspur was conducted 5-days session Personal Contact Program (Formative Assessment) of Class Senior Secondary academic year 2019-20 Stream-1 Block-1.
(a) Please provide the information that how many group was formed/created for practical session of PCP (Formative Assessment) of subject code-314 Biology & how many students were included in each group of subject code-314 Biology, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
(b) Please provide the number of each batch ID allotted for practical session of PCP (Formative Assessment) of subject code-314 Biology & which roll/enrolled Page 14 of 29 number of students/learners were included in each batch ID of subject code-314 Biology, as per the Schedule for Formative Assessment Examination issued on dated 11.02.2020.
7.1. The CPIO replied vide letter dated 27.02.2023 and the same is reproduced as under
:-
With reference to your RTI application, since the requisite information was not available at Regional Centre, Chandigarh, therefore, a letter was sent to Study Centre Code: 160113- Himalaya Modern Sr Sec School, Village-Babowal, Improvement Trust Society-5, Gurdaspur, Punjab for seeking the relevant information on your RTI. Reply received through email is attached herewith for your kind information. Attested copies of RC letter no. F- 287/2022/RCCHD/RTI-1643 (00108)/11218 dated 14.02.2023 and letter no. HMSS/23/992 dated 21.02.2023 received through post from study centre enclosed.
7.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 19.04.2023 upheld the reply given by the CPIO.
7.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 26.04.2023.
Second Appeal No. CIC/NIOPS/A/2023/619388
8. The Appellant filed an RTI application dated 22.01.2023 seeking information on the following points:
(i) Kindly provide the date on which the Schedule for Formative Assessment Examination (dated 11.02.2020) was received at office, Regional Director, NIOS, Regional Centre, Sector 11-C, Chandigarh, which was provided/supplied Page 15 of 29 by the study center/AI code 160113-Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
(ii) Kindly provide the date and number of forwarding letter alongwith the Schedule for Formative Assessment Examination (dated 11.02.2020) was received at office, Regional Director, NIOS, Regional Centre, Sector 11-C, Chandigarh, which was provided/supplied by the study centre/AI code 160113-Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
(iii) Kindly provide the diary number and date on which the Schedule for Formative Assessment Examination (dated 11.02.2020) was received at office, Regional Director, NIOS, Regional Centre, Sector 11-C, Chandigarh, which was provided/supplied by the study centre/AI code 160113-Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
(iv) Kindly provide the certified copy of a forwarding letter alongwith the Schedule for Formative Assessment Examination (dated 11.02.2020) was received at office, Regional Director, NIOS, Regional Centre, Sector 11-C, Chandigarh, which was provided/supplied by the study centre/AI code 160113- Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
(v) Let me know that mean of communication (by e-mail/by-post/by-hand etc.) by which Schedule for Formative Assessment Examination (dated 11.02.2020) was received at office, Regional Director, NIOS, Regional Centre, Sector 11-C, Chandigarh which was provided/supplied by the study centre/AI code 160113-
Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
8.1. The CPIO replied vide letter dated 06.02.2023 and the same is reproduced as under:-
i. Formative Assessment Schedule was received from AI Code-160113 on 18.05.2021.Page 16 of 29
ii. Formative Assessment Schedule was received from AI Code- 160113 vide letter no. HMSS/21/822 dated 10.05.2021.
iii. Letter received from AI Code- 160113 vide letter no. HMSS/21/822 dated 10.05.2021 was recorded as diary no.756 dated 18.05.2021. iv. Attested copy of letter attached.
v. Letter was received from AI Code- 160113 through Speed Post no.- EP645070609IN.
8.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.02.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 07.03.2023 directed the CPIO to provide the information to the Appellant.
8.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 17.04.2023.
Second Appeal No. CIC/NIOPS/A/2023/616953
9. The Appellant filed an RTI application dated 12.01.2023 seeking information on the following points:
(i) Please provide me, the certified copies of the letters/Performa/documents/complete set of bill regarding Status of Personal Contact Programme (PCP) Conduct, PCP Schedule-Time Table, PCP Consolidated Bill, etc. submitted by AI/Study Centre code 160113 for clamming the funds/grants of Rs. 45600/- (Forty five thousand six hundred only), which are attached along with the bill/bills for the academic year 2019-20 (Stream-1 Block-1) and the amount was released as Personal Contact Programme (PCP) payment to AI/Study centre code 160113 Himalaya Modern Sen. Sec. School, Village-Babowal, Distt. Gurdaspur on dated 31.08.2022 by National Institute of Open Schooling (NIOS).
Page 17 of 29(ii) Please provide me, the Goods and Service Tax (GST) No. of National Institute of Open Schooling (NIOS) and AI/Study Centre code 160113 Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
(iii) Please provide me, the name & designation of person, who was signed the bill/bills for claiming the funds/grants an amount of Rs. 45600/- (Forty five thousand six hundred only).
(iv) Please provide me, the date and bill/bills number for claiming the funds/grants an amount of Rs. 45600/- (Forty five thousand six hundred only), which was released as Personal Contact Programme (PCP) payment to AI/Study Centre code 160113 Himalaya Modern Sen. Sec. School, VillageBabowal, Distt. Gurdaspur on dated 31.08.2022 by National Institute of Open Schooling (NIOS) for the academic year 2019-20 (Stream-1 Block-1).
(v) Please provide me, the name & designation of competent authority of National Institute of Open Schooling (NIOS), which was signed/passed the bill/bills for payments of Rs. 45600/- (Forty five thousand six hundred only) and amount released on dated 31.08.2022. to AI/Study Centre code 160113 Himalaya Modern Sen. Sec. School, Village Babowal, Distt. Gurdaspur.
9.1. The CPIO replied vide letter dated 10.02.2023 and the same is reproduced as under:-
i. As conveyed earlier that for the Academic year 2019-20 (Stream-1 Block-1) the payment released under PCP head was based on number of the TMAs receive from the learners, evaluated and uploaded by study centre for the session of 2019-20 stream-1 block-1. It is more convenient to say utilization bill proforma instead of bill proforma, since the payment was released first as per sanction order and then utilization bill/consolidated bill proforma submitted by study centre. The bill proforma received from Study centre code: 160113 against the amount released to Page 18 of 29 is attached herewith (by invoking the provision of Severability Clause under Section
10 of RTI Act).
ii. GST no. of NIOS headquarters is 09AAATN4906C1ZT, GST number of AI Code-
160113 is not available at RC Chandigarh.
iii. Ms. Ranju Saini, Principal signed the consolidated/utilization bill proforma. iv. As stated in our earlier letter that the amount of Rs. 45600/- released to study centre Code 160113 under PCP head was based on number of the TMAs receive from the learner, evaluated and uploaded by study centre for the session of 2019-20 stream- 1 block-1. Evaluation of TMA is under PCP head. Study Centre had submitted their consolidated/utilization bill profoma on 23.12.2022 which was recorded vide diary no 5579 and a subsequent rectified copy received on 10.02.2023 recorded vide diary no 6415. There is no specific bill number.
v. The amount of Rs.45600/- was released to study centre on the basis of the data provided by NIOS headquarters, for TMAs receive from the learner, evaluated and uploaded by study centre for the session of 2019-20 stream-1 block-1. At Regional Centre Chandigarh Regional Director is the competent authority for release of payments to study centres, as per NIOS norms.
9.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.02.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 07.03.2023 directed the CPIO to provide the information to the Appellant.
9.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 02.04.2023.
Second Appeal No. CIC/NIOPS/A/2023/616931
10. The Appellant filed an RTI application dated 10.01.2023 seeking information on the following points:
(i) Kindly provide the certified copy of the letter/e-mail/information sent by NIOS Regional Centre, Chandigarh asking the study center code 160113- Himalaya Page 19 of 29 Modern Sen. Sec. School, Vill. Babowal, Distt. Gurdaspur for the details of time/duration for allotted each PCP Practical session and details of practical conducted on each day.
(ii) Please provide the time/duration allotted for each PCP (Practical) session for Formative Assessment of class Senior Secondary (Stream-1 Block-1) Academic year 2019-20 Session Mar.-2020.
(iii) Please provide the time/duration allotted for one practical in one PCP session for Formative Assessment.
(iv) Please provide the number of practicals done by each student on each day for Formative Assessment.
10.1. The CPIO replied vide letter dated 06.02.2023 and the same is reproduced as under:-
i. Copy of Regional Centre Chandigarh letter no. F-287/2022/RCCHD/CIC-
(1506-650491)/9947 dated 26.12.2022 attached.
ii. Copy of reply letter no. HMSS/985/2023 dated 19.01.2023 and schedule received from AI Code- 160113 attached.
iii. As per point no.2.
iv. As per point no.2.
10.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.02.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 27.03.2023 upheld the reply given by the CPIO.
10.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 02.04.2023.
11. The Complainant/Appellant and on behalf of the respondent Mr. S. Mahendran, Assistant Director (Admin), attended the hearing through video conference.Page 20 of 29
Hearing proceedings (CIC/NIOPS/C/2023/647925)
12. The Complainant submitted that wrong information has been provided. He requested the Commission to direct the respondent to provide the information, as sought.
12.1 The respondent while defending their case inter alia submitted that a response to the RTI application had already been furnished to the Complainant vide their letter dated 13.09.2021. He further submitted that after collecting information from the school concerned, available information had been provided to the Complainant.
Hearing proceedings (CIC/NIOPS/A/2023/632002)
13. The Appellant submitted that wrong reply has been provided. He requested the Commission to direct the respondent to provide the information, as sought.
13.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 02.06.2023. For point no. 1 and 9 of the RTI application, a revised additional reply has been furnished to the appellant on 21.06.2024. In response the appellant submitted that he has not received the latest reply of the CPIO yet.
Hearing proceedings (CIC/NIOPS/A/2023/629253)
14. The Appellant submitted that wrong information has been provided. He requested the Commission to direct the respondent to provide the information, as sought.
14.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 11.05.2023. For point no. 1 of the RTI application, a revised additional reply has been furnished to the appellant on 21.06.2024. In response the appellant submitted that he has not received the latest reply of the CPIO yet.
Hearing proceedings (CIC/NIOPS/A/2023/620791) & (CIC/NIOPS/A/2023/620738)
15. The Appellant submitted that wrong information has been provided. He requested the Commission to direct the respondent to provide the information, as sought.
Page 21 of 2915.1 The respondent while defending their case inter alia submitted that responses to the RTI applications had already been furnished to the appellant vide their letter dated 27.02.2023. He further submitted that after collecting the information from the school concerned, available information had been furnished to the appellant. He informed the Commission that the school concerned did not maintain the record w.r.t the batches of the learners because teachers have to create batches on their own as per their availability, hence, the school could not provide the desired information.
Hearing proceedings (CIC/NIOPS/A/2023/621192)
16. The Appellant submitted that a list of students with their name and roll numbers has not been provided. He requested the Commission to direct the respondent to provide the information, as sought.
16.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 13.03.2023. He further submitted that the list of students, as sought, was already available in public domain.
Hearing proceedings CIC/NIOPS/A/2023/620898)
17. The Appellant submitted that information regarding PCP schedule and payment has not been provided.
17.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 27.02.2023.
Hearing Proceedings (CIC/NIOPS/A/2023/619388)
18. The Appellant submitted that wrong information has been provided on point no. 1 to 4 of the RTI application. He requested the Commission to direct the respondent to provide the information, as sought.
Page 22 of 2918.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 06.02.2023.
Hearing Proceedings (CIC/NIOPS/A/2023/616953)
19. The Appellant submitted that incomplete information has been provided. He requested the Commission to direct the respondent to provide the information, as sought.
19.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 10.02.2023. Hence, no further information remained to be provided to the appellant, he said.
Hearing Proceedings (CIC/NIOPS/A/2023/616931)
20. The Appellant submitted that incomplete information has been provided on point no. 1 to 4 of the RTI application. He requested the Commission to direct the respondent to provide the information, as sought.
20.1 The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had already been furnished to the appellant vide their letter dated 06.02.2023. Additionally, the respondent informed that the appellant is frequently filing RTI applications on different issues just to harass the department, however, in all the above-mentioned cases, available information had been provided and in few cases the information sought is not available. In such cases, they are not supposed to create information to satisfy the desire of the information seeker. He submitted that the appellant's son did not appear in the practical exam due to which he lost his mark. Subsequently, under benefit of doubt, marks had been given to the appellant's son and since then the appellant has started frequently filing RTI applications on various issues just to harass the department.
Written submissions of the appellant and respondent have been taken on record.
Page 23 of 29Decision: -
21. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that in file no. CIC/NIOPS/C/2023/647925, the respondent had provided point-wise information or reply to the complainant vide letter dated 13.09.2021. It was not the case that the respondent had not given any reply to the Complainant and no mala fide could be attributed to the decision taken by them. The perusal of records further reveals that the First Appeal was disposed of on 22.10.2021 and the Complaint has been filed after almost two years of delay. Moreover, the Complainant has also failed to seek condonation for the delay nor gave any valid and acceptable reason explaining the delay that could have been considered as a sufficient cause preventing the complainant from filing the Complaint. Although the RTI act does not expressly prescribe the timeline for filing complaint cases, but the Commission is applying the principle envisaged in section 19 (3) of the RTI Act. Therefore, the Complainant is advised to file a complaint within a reasonable time or to seek condonation of the delay in his complaint in future. That being so and the reply having been given to the complainant, there appears to be no merit in the complaint. Accordingly, the Complaint is closed.
21.1 Further, in files no. CIC/NIOPS/A/2023/632002 & CIC/NIOPS/A/2023/629253, the Commission observes that the CPIO has provided revised additional replies to the appellant on 21.06.2024, but the same has not been received by the appellant till the date of the hearing. Therefore, the Commission directs the CPIO to again send their above- mentioned revised additional replies to the appellant in both the cases, within 10 days from the date of the receipt of this order, under intimation to the Commission.
21.2 Further, in file no. CIC/NIOPS/A/2023/620898, the Commission observes that complete information has not been provided to the appellant. Therefore, the Commission directs the respondent to re-visit the RTI application and provide a revised reply to the appellant, specifying the correct exemptions clauses or sub-clauses as enumerated under section 8 and 9 of the RTI Act, wherever applicable, within 10 days from the date of the receipt of this order, under intimation to the Commission.
Page 24 of 2921.3 The Commission notes that in files no. CIC/NIOPS/A/2023/620791, CIC/NIOPS/A/2023/620738,CIC/NIOPS/A/2023/621192,CIC/NIOPS/A/2023/61938, CIC/NIOPS/A/2023/616953 and CIC/NIOPS/A/2023/616931, the CPIO, while responding to the RTI applications, has provided all available information to the appellant vide letters dated 27.02.2023, 13.03.2023, 06.02.2023 and 10.02.2023. Moreover, it is observed that the appellant is frequently filing RTI applications on different issues just to harass the department, however, all available information has been provided by the CPIO and the CPIO is not supposed to create information just to reply to the RTI applicant. The perusal of the records further reveals that the appellant had grievance with regard to particle exam of his son and since then he started frequently filing RTI applications on various issues just to harass the department. It is pertinent to mentioned here that in file no. CIC/NIOPS/C/2021/622548, the Commission warned the Complainant (Jatinder Singh) to be more careful and refrain from relentless litigation which creates confusion for the respondent Public Authority while dealing with the matter related to RTI Act. In this regard, Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
'37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information, (that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it Page 25 of 30 will adversely Page 25 of 29 affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility, and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritizing 'information furnishing', at the cost of their normal and regular duties.' Further, the findings of the Commission in the instant set of matter largely point towards a misuse of the RTI Act being perpetuated by the Appellant. Here, the Appellant's attention is again invited towards certain precedents set by the superior Courts recognizing the misuse of the RTI Act: In ICAI v. Shaunak H. Satya, (2011) 8 SCC781, the Hon'ble Supreme Court has held that:-
'39. We however agree that it is necessary to make a distinction in regard to information intended to bring transparency, to improve accountability and to reduce corruption, falling under Sections 4(1)(b) and (c) and other information which may not have a bearing on accountability or reducing corruption. The competent authorities under the RTI Act will have to maintain a proper balance so that while achieving transparency, the demand for information does not reach unmanageable proportions affecting other public interests, which include efficient operation of public authorities and the Government, preservation of confidentiality of sensitive information and optimum use of limited fiscal resources.' In the matter of Rajni Maindiratta- Vs Directorate of Education (North West - B) [W.P.(C) No. 7911/2015] the Hon'ble High Court of Delhi has held that: ' Page 26 of 29
8. Though undoubtedly, the reason for seeking the information is not required to be disclosed but when it is found that the process of the law is being abused, the same become relevant. Neither the authorities created under the RTI Act nor the Courts are helpless if witness the provisions of law being abused and owe a duty to immediately put a stop thereto.' And, in the matter of Shail Sahni vs Sanjeev Kumar [W.P.(C) 845/2014] the Hon'ble High Court of Delhi has held that: '...xxx 'This Court is also of the view that misuse of the RTI Act has to be appropriately dealt with, otherwise the public would lose faith and confidence in this "sunshine Act". A beneficent Statute, when made a tool for mischief and abuse must be checked in accordance with law.'
22. Further, the appellant is advised to use the rights available to him under the RTI Act with full responsibility in future so as not to overburden the public authority with frivolous and vexatious RTI applications which impinge on the scarce resources of the public authority and use the cherished right given in the RTI Act, 2005 in a diligent manner so as to enable the public authority to use its time and resources for providing information expeditiously and efficiently. In view of the above, the appellant is advised to refrain from filing unnecessary frivolous and vexatious RTI applications just to harass the public authority as they are liable to be rejected. The Respondents are also advised to take reference of the instant decision while dealing with any future RTI Applications of the Appellant on the same subject matter. With these observations and directions, the appeals are disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामल ं गम) Information Commissioner (सूचना आयुक्त) निनां क/Date: 25.06.2024 Authenticated true copy Page 27 of 29 Col S S Chhikara (Retd) कनगल एस एस निकारा, (ररटायर्ग ) Dy. Registrar (उप पं जीयक) 011-26180514 Addresses of the parties:
1. The CPIO National Institute of Open Schooling, Regional Director & CPIO, Regional Centre, Chandigarh, Sector- 11 C, Chandigarh-160011
2. Jatinder Singh Page 28 of 29 Annexure of Second Appeals Sl. No. Second Appeal No.
1. CIC/NIOPS/C/2023/647925
2. CIC/NIOPS/A/2023/632002
3. CIC/NIOPS/A/2023/629253
4. CIC/NIOPS/A/2023/620791
5. CIC/NIOPS/A/2023/620738
6. CIC/NIOPS/A/2023/621192
7. CIC/NIOPS/A/2023/620898
8. CIC/NIOPS/A/2023/619388
9. CIC/NIOPS/A/2023/616953
10. CIC/NIOPS/A/2023/616931 Page 29 of 29 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)